by AZ Free Enterprise Club | Nov 29, 2023 | Opinion
By the Arizona Free Enterprise Club |
We’re less than a year away from our next election, and if Arizona Secretary of State Adrian Fontes is serious about doing his job, his primary focus should be on ensuring a process where it is easy to vote and hard to cheat. Instead, Fontes has been attempting to implement an Elections Procedures Manual (EPM) that is ripe with unlawful provisions all while ignoring a giant (and growing) elephant in the room.
In its last two quarterly reports to the Arizona state legislature, the Secretary of State’s office reported that over 78,000 individuals have been identified on our state’s voter rolls as noncitizens or nonresidents. This number includes:
- Over 53,200 individuals who were reported to have been issued a driver’s license or the equivalent of an Arizona nonoperating license ID in another state.
- Over 1,300 individuals who admitted to not being a U.S. citizen on a jury questionnaire.
- Over 23,600 individuals who admitted to not being a resident of a county on a jury questionnaire.
These numbers should be great cause for alarm—especially when you consider how close some of our state’s races were in 2022—and these individuals should be immediately removed from our state’s voter rolls. So, what did Fontes do in response to this news?
>>> CONTINUE READING >>>
by Daniel Stefanski | Nov 9, 2023 | News
By Daniel Stefanski |
The Arizona Governor’s Office is taking action to provide more resources for elections ahead of a crucial year of political contests.
Last week, Governor Katie Hobbs announced that she would be earmarking “$2.3 million in American Rescue Plan (ARPA) funding to support free, fair and secure elections.” The governor also revealed the existence of three new executive orders “to authorize paid civic duty leave for state employees to serve as poll workers, make state buildings available as polling locations, and require state agencies to provide voter registration information and assistance to the Arizona citizens they serve.”
In a statement, Hobbs said, “As Secretary of State I oversaw the most secure elections in Arizona history, but I know we must continue to improve Arizona’s elections ahead of 2024. Election officials and voters are facing new challenges when it comes to administering elections and participating in our democracy. I am thrilled to immediately address some of the problems identified by the Bipartisan Elections Task Force to ensure Arizona voters can make their voices heard.”
The flurry of actions from Hobbs follows the completion of a report from the Governor’s Bipartisan Elections Task Force, which was issued a day earlier, on November 1. The Task Force, established on January 6, focused on five main topics under the umbrella of the Arizona elections system, which were Election Administration, Voter Registration, Early Voting, Election Day and Post-election Procedures, and Election Equipment and Security.
In the final report, the Task Force unveiled proposals under each of the topics. For Election Administration, proposals included a Poll Worker Communication Platform, Incentives to Improve Poll Worker Recruitment, Annual Election Officer Certification Trainings, Election Fellowship Program, and Comprehensive Website for Voter Information. For Voter Registration, proposals included Provisional Ballot Form as Voter Registration Form, Cross-Country Voter Registration, Voting Rights Restoration, and AVID (Access Voter Information Database) Funding. For Early Voting, proposals included Disability Resource Liaison, Emergency Voting to Final Weekend Voting, and Ballot Return Interference. For Election Day and After, proposals included Ensuring Timely Recounts and Reconciliation Best Practices Guidelines. And for Election Equipment and Security, proposals included Election Security Advancements and Election Worker Code of Conduct.
The Task Force concluded its report by writing, “We can, and should, continue to refine our election system to ensure voters have access to the polls and that our election officials – the guardians of our democracy – have the resources to do their jobs well. The Task Force’s proposals are motivated by a deep commitment to these goals, and to the overarching goal of protecting democracy in our State.”
Members of the Task Force were Ken Bennett, State Senator District 1; Michelle Burchill, Yavapai County Recorder; Gabriella Cázares-Kelly, Pima County Recorder; Christina Estes-Werther, Attorney and Former Arizona Elections Director; Patty Ferguson-Bohnee, Attorney and Director of the Sandra Day O’Connor College of Law Indian Legal Clinic; Adrian Fontes, Arizona Secretary of State; Renaldo Fowler, Arizona Center for Disability Law, Senior Staff Advocate; Alex Gulotta, All Voting is Local, Arizona State Director; Don Henninger, The Carter Center, Representative; Katie Hobbs, Arizona Governor (Chair); Scott Jarrett, Maricopa County Elections Director; Ben Lane, City of Scottsdale City Clerk; Ken Matta, Election Security Expert; Michael Moore, Chief Information Security Officer; Brad Nelson, Former Pima County Elections Director; Helen Purcell, Former Maricopa County Recorder (Co-Chair); Alma Schultz, Santa Cruz County Elections Director; and Laura Terech, State Representative District 4.
Helen Purcell, the Task Force’s Co-Chair, weighed in on the accomplishments of her group, saying, “This Task Force is made up of talented, bipartisan experts who have diverse on-the-ground experience with Arizona’s elections. It was rewarding to see them come together week after week to brainstorm where additional support is needed, collaborate on potential solutions, and develop the proposals in the final report. Thank you to Governor Hobbs for bringing us together with a unified goal and for her unwavering commitment to protecting democracy in our State.”
Arizona Secretary of State Adrian Fontes added, “I’d like to thank Governor Hobbs, Recorder Purcell, and the entire Task Force for prioritizing safe, secure, and accurate elections. I must also mention all our staff for being generous with their expertise and insight. The work of the Task Force, the Governor’s Executive Orders and the much-needed $2 million in election support will be critical in building towards smooth and successful elections in 2024.”
Earlier this year, the Chair of the Arizona House Municipal Oversight & Elections Committee, Representative Jacqueline Parker, vowed, on behalf of her panel, to “swiftly reject any election-related recommendations of this biased, corrupt, & secretive task force.”
By signing the executive orders and designating the ARPA funds for assignment, Hobbs appears to be bypassing any cooperation, as of now, with the Legislature to improve the state’s elections systems.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by AZ Free Enterprise Club | Oct 30, 2023 | Opinion
By the Arizona Free Enterprise Club |
Following in the footsteps of his predecessor (now-Governor Katie Hobbs), Secretary of State Adrian Fontes appears determined to implement an Election Procedures Manual (EPM) that is ripe with unlawful provisions. The EPM is used by election officials throughout the state as the rulebook to conduct and run elections, so it is critically important that every provision in the manual strictly adheres to state law.
Now, fresh off an important legal win over the illegal signature verification process in the EPM, the Arizona Free Enterprise Club, along with the Thomas More Society, is suing Fontes once again—this time over unstaffed ballot drop boxes…
An Illegal Method of Voting
Arizona law establishes four different methods for secure early voting. According to A.R.S. § 16-548(A), an early ballot shall either be:
- Delivered to the officer in charge of elections, typically the county recorder.
- Mailed to the officer in charge of elections, typically the county recorder.
- Deposited by the voter at any polling place in the county.
- Deposited by the voter’s agent (family member, household member, caregiver) at any polling place in the county.
Did you catch that? Nowhere in the law does it allow for the use of unstaffed drop boxes. In fact, if you read through Fontes’ EPM, you’ll notice something…
>>> CONTINUE READING >>>
by AZ Free Enterprise Club | Sep 16, 2023 | Opinion
By the Arizona Free Enterprise Club |
Secretary of State Adrian Fontes appears to be in a tug-of-war with Governor Katie Hobbs to determine who is worse at their job. It’s been well-documented that since she took office, Hobbs has been off to a rough start with high-profile staff exits, breaking the veto record after killing the bipartisan “Tamale Bill,” and alienating many Democrats by signing the Republican budget. But over the past eight months, Fontes has been working just as hard in the battle to see who’s more incompetent. Not only has he failed to perform the necessary voter list maintenance—leaving 14 Arizona counties in violation of Section 8 of the National Voter Registration Act—but he rushed through a version of the Elections Procedures Manual (EPM) that is filled with unlawful provisions.
Now, Secretary of State Fontes has been dealt another major blow after a superior court judge ruled against him…
>>> CONTINUE READING >>>
by Corinne Murdock | Sep 6, 2023 | News
By Corinne Murdock |
Last week, a superior court judge ruled that Secretary of State Adrian Fontes and his predecessor, now-Gov. Katie Hobbs, enforced an Election Procedures Manual (EPM) that ran afoul of voter signature verification law. The problematic EPM in question was crafted by Hobbs in 2019.
The ruling came in the case Arizona Free Enterprise Club v. Fontes. Contrary to the law, Fontes claimed to the court that the term “registration record” was ambiguous and up for interpretation — meaning, he could decide what constituted a valid signature record for the purposes of verifying the validity of a ballot signature. For that reason, Fontes said that the lawsuit against his administration should be dismissed.
Judge John Napper disagreed, rejecting the motion to dismiss last Friday; he stated that only a voter’s signature used to register to vote was valid. Napper ordered Fontes to adhere to the definition of “registration record” for the purposes of signature verification.
“Here, the langu[ag]e of the statute is clear and unambiguous. The statute requires the recorder to review the voter’s registration record. The common meaning of ‘registration’ in the English language is to sign up to participate in an activity,” wrote Napper. “No English speaker would linguistically confuse the act of signing up to participate in an event with the act of participating in the event [….] Applying the plain and obvious meaning of ‘registration,’ the legislature intended for the recorder to attempt to match the signature on the outside of the envelope to the signature on the documents the putative voter used to register.” (original emphasis included)
Fontes petitioned the court to interpret the law to mean that other documents could be included in the definition of “registration record” based on a change of the law from reading “registration form” to “registration record.” Fontes argued that “record” was a more expansive term meant to encompass a greater set of documents than “form.” Fontes also argued that the term was ambiguous and therefore up to interpretation.
Napper rejected these arguments. The judge explained that the term change only expanded the “volume of documents” for signature verification to allow for review of multiple forms comprising a registration record. Napper also declared that the statute wasn’t ambiguous at all.
“That limitation remains the same, documents are part of the ‘registration record’ only if they involved the voter’s ‘registration,’” stated Napper. “[T]he recorder is to compare the signature on the envelope to the voter’s prior registrations (the record).”
Napper also declared that the Arizona Free Enterprise Club (AFEC) correctly defined “registration record,” unlike Fontes and former Secretary of State Katie Hobbs (now governor) per her 2019 EPM. Napper ruled that Hobbs’ 2019 EPM violated the law.
“The 2019 EPM creates a process that contradicts the plain language of A.R.S. §16-550(A),” stated Napper. “Therefore, this portion of the EPM and the instruction from the Secretary do ‘not have the force of law.’”
Napper’s ruling acknowledges a major issue: in the four years of its use, Hobbs’ unlawful 2019 EPM signature verification instruction has carried “the weight of the law.”
Mi Familia Vota also intervened in the case and requested dismissal of AFEC’s lawsuit. They claimed that any real or existing issues with the EPM didn’t matter because Fontes would produce a new EPM this December that could potentially adhere to state law. Napper also rejected this argument. The judge pointed out that those in the executive branch, including Hobbs, have consistently failed to produce a valid EPM, including in 2021.
“While the production of a new EPM is statutorily required, the multiple offices of the executive branch have not consistently adhered to the statute’s dictates,” said Napper. “They were unable to produce an EPM in 2021. This is why the 2019 manual carries the force of law to this day. The Court has been unable to find any authority suggesting a case is not ripe for decision because a government actor may choose a different course of conduct in the future.” (emphasis added)
The case is ongoing, with a status conference scheduled later this month.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
